Bill Text: IA HF399 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the validity of common law marriages in the state.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-22 - Introduced, referred to Judiciary. H.J. 432. [HF399 Detail]

Download: Iowa-2017-HF399-Introduced.html

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House File 399 - Introduced




                                 HOUSE FILE       
                                 BY  KOESTER

                                      A BILL FOR

  1 An Act relating to the validity of common law marriages in the
  2    state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2275YH (9) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  595.21  Common law marriage ==
  1  2 validity.
  1  3    1.  A common law marriage contracted on or after July 1,
  1  4 2017, is not valid in this state.
  1  5    2.  a.  A valid common law marriage contracted prior to July
  1  6 1, 2017, that has not been terminated by death, dissolution of
  1  7 marriage, or annulment, is valid on or after July 1, 2017.
  1  8    b.  (1)  All of the following requirements must be met for
  1  9 a common law marriage contracted prior to July 1, 2017, to be
  1 10 valid:
  1 11    (a)  The parties to the common law marriage had the capacity
  1 12 to enter into the marriage relationship at the time the parties
  1 13 entered into the marriage relationship.
  1 14    (b)  The party asserting the claim shall prove all of the
  1 15 following elements relative to the parties by a preponderance
  1 16 of the evidence:
  1 17    (i)  A present intent and mutual agreement of the parties to
  1 18 be married.
  1 19    (ii)  Continuous cohabitation of the parties as spouses.
  1 20    (iii)  A public declaration or a general and substantial
  1 21 holding out to the public by the parties that the parties are
  1 22 spouses.
  1 23    (2)  A specific duration relative to the existence of a
  1 24 common law marriage is not necessary to establish a valid
  1 25 common law marriage.
  1 26    (3)  The burden of proof to establish a valid common law
  1 27 marriage is on the party asserting the claim.
  1 28    Sec. 2.  Section 252A.3, subsection 6, Code 2017, is amended
  1 29 to read as follows:
  1 30    6.  A child or children born of parents who held or hold
  1 31 themselves out as husband and wife by virtue of a valid
  1 32  common law marriage pursuant to section 595.21 are deemed the
  1 33 legitimate child or children of both parents.
  1 34    Sec. 3.  Section 252A.3, subsection 7, paragraph a,
  1 35 unnumbered paragraph 1, Code 2017, is amended to read as
  2  1 follows:
  2  2    A child born of parents who at any time prior to the birth
  2  3 of the child held themselves out as spouses by virtue of a
  2  4 valid common law marriage pursuant to section 595.21 is deemed
  2  5 the legitimate child of both parents, if all of the following
  2  6 conditions are met:
  2  7    Sec. 4.  Section 252A.3, subsection 8, Code 2017, is amended
  2  8 to read as follows:
  2  9    8.  A man or woman who was or is held out as the person's
  2 10 spouse by a person by virtue of a valid common law marriage
  2 11 pursuant to section 595.21 is deemed the legitimate spouse of
  2 12 such person.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    This bill relates to common law marriage in the state.
  2 17    The bill provides that a common law marriage contracted on
  2 18 or after July 1, 2017, is not valid in this state.  However,
  2 19 a valid common law marriage contracted prior to July 1, 2017,
  2 20 that has not been terminated by death, dissolution of marriage,
  2 21 or annulment, is valid on or after July 1, 2017.
  2 22    The bill provides that for a common law marriage contracted
  2 23 prior to July 1, 2017, to be valid, the parties to the common
  2 24 law marriage must have had the capacity to enter into the
  2 25 marriage relationship at the time the parties entered into
  2 26 the marriage relationship, and, all of the following elements
  2 27 relative to the parties must be proven by the party asserting
  2 28 the claim by a preponderance of the evidence: a present
  2 29 intent and mutual agreement of the parties to be married;
  2 30 continuous cohabitation of the parties as spouses; and a public
  2 31 declaration or a general and substantial holding out to the
  2 32 public by the parties that the parties are spouses.  A valid
  2 33 common law marriage does not require a specific duration, and
  2 34 the burden of proof to establish a valid common law marriage is
  2 35 on the party asserting the claim.
  3  1 The bill also makes conforming changes in the Code to reflect
  3  2 the provisions of the bill relative to Code chapter 252A
  3  3 (support of dependents).
       LSB 2275YH (9) 87
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